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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Hello

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الرد من العميل

I have an inquiry if you could assist please

الرد من العميل

My employer had verbally terminated me on May 9 without any notification . He has been forcing me to resign which I refused. I asked him to give me the termination in writing , he refused. Since I am working for less than a year with a company I have to get his approval to transfer my visa. Hence, he is forcing me to resign to get the approval. My employer hasn’t paid me my notice period + working days salary + pending annual leaves. Please assist what’s the best way to go about. Thank you in advance

الرد من العميل

I’m in HIDD, Bahrain

الرد من العميل

Nothing has been filed yet, I am looking to report

الرد من العميل

That’s all

الرد من العميل

Alright , thank you

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that In accordance with the Bahrain Labor Law, the employer can submit an absconding notice against you which entails the ban. Therefore, we recommend that you stay at the head of your work and take legal action while you are in the work in terms of filing a complaint before the work and workers. Then he will be summoned to be investigated and attempting to resolve any labor dispute.
Article (105):
A worker may terminate the contract of employment without notice in any of the following events:
1. Assault by the employer or his representative against the worker, during or because of the work, by words or deeds that are punishable by law. 2. An act committed by the employer or his representative that is considered as immoral against the worker or a member of his family.
Termination of the contract in either of the above two events shall be deemed as unfair dismissal by the employer.
Article (106):
A worker may terminate the contract of employment upon giving notice to the employer in any of the following events:
1. Employer’s breach of any material obligation provided for by the law, contract of employment or regulations of work in the establishment.
2. Fraud by the employer or his representative towards the worker with respect to the employment terms and conditions where fraud is of such magnitude without which the contract would not have been concluded.
Article 107:
The employer may terminate the labour contract without notice or compensation in any of the following events:
1- If the worker has assumed a false identity or submitted false certificates or recommendations;
2- If the worker has committed any fault which caused serious material loss to the employer, provided that such employer shall report the matter to the competent authorities within two working days as of the date on which the occurrence of this serious material loss was brought to his knowledge;
3- If the worker, despite a written warning, fails to comply with written instructions which are required to the observed for the safety of workers and the establishment, provided that such instructions are written and posted up in an apparent location at the workplace;
4- If the worker is absent without reasonable cause for more than twenty non-consecutive days or for more than ten consecutive days in one year, provided that such termination shall be preceded by a written warning by the employer to the worker after an absence of ten days in the former instance and an absence of five days in the latter instance;
5- If the worker fails to perform his essential obligations by virtue of the labour contract;
6- If the worker discloses the secrets related to the work without a written authorization by the employer;
7- If a final judgment was rendered against the worker for an offense or a misdemeanour prejudicing honor, trust or public ethics;
8- If the worker is found during the working hours to be under the apparent influence of alcohol or drugs; or if he has committed an immoral act at the workplace;
9- If the worker assaults his employer or his responsible official or commits a serious assault upon any of the workers or clients at the establishment during or as a result of the work;
10- If the worker fails to abide by the controls set by virtue of the law on the exercise of the right to strike;
11- If the worker is incapable of performing the work subject of the labour contract for reasons related to him such as the cancelation of his work permit or the loss of his qualifications authorizing him to exercise the work agreed upon.
So in the case of any problem with the employer, we recommend to make a complaint and prove the violation of the employer in order to leave work.
Please kindly note that it is possible to immediately go to the Ministry of Labor and Social Security and submit a complaint and explain the matter in detail for the purpose of calling the employer and the fact that the law does not allow the worker to resign in addition to that it is not possible to have his lips but rather written to guarantee the right to you and obtain it

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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